North Carolina's controversial "Bathroom Law", which stipulates that in government buildings, individuals may only use the restroom that corresponds to the gender on their birth certificates, continues to make headlines. Proponents of the law, known officially as HB2 "The Public Facilities Privacy and Security Act," claim that it is about safety, preventing men from "claiming to be transgender" just so that they can enter a women's bathroom and invade their privacy. But over 200 local, state, and national organizations that work with assault victims claim that there is nothing to support the fears of these lawmakers. And none of the 18 states that have nondiscrimination laws that protect transgender rights has seen an increase in public safety issues because of these laws.
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The fight over the law hit a tipping point when the Department of Justice determined that HB2 violates the Federal Civil Rights Act and gave North Carolina Governor Pat McCrory an ultimatum to ensure that the state would not comply with the law. North Carolina didn't budge, and instead sued the government. The Justice Department responded with a lawsuit of their own, with Attorney General Loretta Lynch describing the battle over this law as the civil rights struggle of this era.
But the fight over HB2 is more than a civil rights struggle; it's a human rights struggle. And as Jews, we have a particular imperative to treat it as such.
As Jews, we have an obligation to see each individual as made in God's image. Each individual is unique and created differently. We are not God, and therefore, it is not for us to put parameters on the divine nature or image of another person. Rather, we should honor each individual as divine, regardless of one’s gender identity. Even the rabbis of the Talmud understood that we do not live in a gender binary system. We find six different gender identities in the Talmud. This Talmudic precedent suggests that we should not only acknowledge one's gender identity, but also celebrate it.
Some Jewish institutions are starting to implement policies in line with this thinking. Last year, the Union for Reform Judaism passed a resolution that "affirms the right[s] of transgender and gender non-conforming individuals" and "urges the adoption and implementation of legislation and policies that prevent discrimination based on gender identity and expression." Similarly, the Conservative Movement's Rabbinical Assembly is in the process of voting on a resolution that affirms its commitment to fully welcoming, accepting and including people of all gender identities in Jewish life and general society. These statements understand our commitment as Jews to honor each individual. Last June, I wrote that ensuring that all can use the bathroom in our institutions "is as integral to the sacred nature of the building as is creating a transcendent prayer space."
These statements reflect an understanding of the importance of making sure that our sacred communities and sacred spaces are welcoming of everyone. But our obligation as Jews to embrace the gender identity of each individual does not end with our institutional buildings and programs. We have an obligation as Jews to build a society that is just as inclusive and accepting as the communities we set out to create.
Judaism teaches that pikuach nefesh, saving a life, supersedes everything else in Jewish law. A study by the Williams Institute think tank shows that 41 percent of transgender and gender non-conforming individuals have attempted suicide. This number is substantially greater than the overall suicide rate of 4.6 percent in the United States. The way society has treated transgender individuals makes them feel as if there is no place for them in this world. Denying them the basic human right of going to the bathroom, as North Carolina has attempted to do, only reinforces this feeling.
But embracing all and creating inclusive communities can have the opposite effect. A recent study out of the University of Washington suggests that transgender youth that are supported and accepted by family, friends, teachers, clergy, and society as a whole are no more anxious or depressed than other children their age.
HB2 supporters claim the law will keep individuals safe from bathroom predators. But this law doesn't ensure anyone's safety. Instead, it puts lives in danger. It endangers the lives of people in the transgender community by further denying them basic human rights, by suggesting that they don't really exist, and by closing them off from society. If our responsibility as Jews is to do what we can to save every life, then we have an obligation to repeal HB2 and similar harmful and discriminatory legislation in other states.
We learn in Mishnah Sanhedrin 4:5 that whoever saves a life, saves an entire world, but also that whoever destroys a life, destroys an entire world. We, as Jews, have an obligation to save lives and save worlds. May 17 was the International Day Against Homophobia, Transphobia and Biphobia. May we make a commitment every day to stopping all transphobic legislation that destroys far too many worlds.
Rabbi Jesse Olitzky serves as rabbi and spiritual leader at Congregation Beth El in South Orange, New Jersey. You can follow more of his thoughts on his personal blog and on Twitter: @JMOlitzky.